For the preparation patent and the use patent cases, decisions have demonstrated the idea of conducting examination based on comprehensive consideration of the background of the invention and the prior art market situation of related products, which is more grounded and reflects the legislative purpose of the patent law to promote scientific and technological progress and innovation.
Continue Reading Introduction to the ten most significant cases of patent reexamination and invalidation in 2020 Medicinal part
Stability Analysis of Patents with Compound Subject Matter during Invalidation Stage
In the field of medicine, the research and development of innovative drugs often require a large amount of capital and human resources. It often takes billions of dollars of investment and years of experimentation and examination before the drugs can finally be marketed. Thus, innovative drugs belong to a special field highly dependent on intellectual property protection. Only by strengthening the protection of intellectual property rights, especially the protection of medicine-related patents, can we continue to promote the development of more and more innovative drugs, thereby helping to ensure the life and health interests of the people.
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知识产权人如何协助主管当局将侵权人扔进监狱?
作者:何放 张玥 金杜律师事务所争议解决部
当今社会,企业及公民的知识产权意识逐渐增强。当权利受到侵害后,权利人可以提起民事诉讼,寻求民事救济;也可以向行政机构投诉,请求查处侵权行为。此外,某些触犯刑律的严重侵犯知识产权的行为,还会受到刑事制裁。那么,当权利受到严重侵犯时,权利人应该如何协助主管当局将侵权人扔进监狱呢?
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Case report: How such a concealed infringement of UnionPay’s intellectual property was brought to justice in China?
By Mia Qu King & Wood Mallesons’ Dispute Resolution group
The case
- Plaintiff: China UnionPay
- Defendants: Jinan Daonuo Information and Technology Co., Ltd. & Shandong Yuntai Mingde Information and Technology Co., Ltd.
- Court of Trial (Level): Shanghai Intellectual Property Court (First Instance)
- Nature of Case (Cause of Action): Infringement of the Exclusive Right of Registered Trademark and Unfair Competition
Most Frequently Asked Questions about Patent Litigation in China
By Ni Zhenhua King & Wood Mallesons’ IP group

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How to Handle Complex Disputes Between Registered Trademark and Well-known Trademark in China?
By Dang Zhe and He Shijia King & Wood Mallesons’ IP group.
At the end of 2016, KWM’s IP Litigation Group obtained favorable judgements for its clients in “Ariston Case[1]” and “John Deere Case[2]”, two typical disputes concerning infringement of well-known trademarks by ordinary registered trademarks. The two cases are respectively included in the “Top 10 Cases Concerning IPR Judicial Protection Heard by Courts in Jiangsu in 2016” and the “Exemplary Cases in Terms of ‘Strengthening the Judicial Protection on IPR’” at the occasion of the 2nd anniversary of the Beijing Intellectual Property Court. Based on these two cases, this article introduces and explains the evolution and development of judicial interpretations and practice relating to the protection of well-known trademarks, and therefrom draws conclusions and trends about certain adjudication rules in China.
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Christian Louboutin’s fight against counterfeits of their lipsticks in China
By Xu Jing King & Wood Mallesons’ IP group.
The specific measures established in this case provide a guiding standard to determine essential factors of irreparable damage to a patented design. This case serves as guidance and reference for handling other similar cases.
Continue Reading Christian Louboutin’s fight against counterfeits of their lipsticks in China
Protecting foreign copyright in China: how is compensation for damages calculated?
By Ni Zhenhua King & Wood Mallesons’ IP group.
The exemplary case of SAP SE
SAP SE (the Plaintiff), founded in 1972 and headquartered in Walldorf, Germany, is the largest provider of enterprise management and collaborative commercial solutions in the world. It is also the world’s third largest independent software supplier, with more than 102,500 enterprises in 120 countries worldwide using SAP software and over 80% of Fortune 500 enterprises benefiting from its management solutions. In the 1980s, SAP SE entered the Chinese market. Thanks to its successful operation over three decades, it has won great recognition in China.
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Everything You Should Know before Sending a Cease & Desist Letter in China
By Mia Qu, Hannah Sun and Wendy Dong King & Wood Mallesons’ Dispute Resolution group
To protect your IP rights, sending potential infringers a Cease & Desist Letter or Warning Letter (the “Letter”) is one of the most common tools. Is it a necessary step before starting any legal proceedings in China?What legal consequences does it entail? Are there any issues that must be attended to? How effective is the Letter? This article will try to project a bird’s eye view regarding everything you should know before sending the Letter to your potential infringers.
Purpose of Sending the Letter
Sending the Letter is not a condition precedent for the right holder to initiate legal actions in China. The purpose of sending the Letter includes:
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King & Wood Mallesons Continuously Tops ALB 2017 IP Rankings in the Third Year
By King & Wood Mallesons
20 May 2017, King & Wood Mallesons (KWM) was ranked as a Tier 1 law firm in both Patent and Trademark/Copyright in the Asian Legal Business (ALB) 2017 IP Rankings for the third consecutive year. Taking account of factors including volume, complexity and size of work undertaken, clients, team, and the firm’s year-on-year development and growth momentum, ALB concluded the final rankings in the two categories of patent and trademark/copyright. KWM’s IP team strengthens its leading position in both contentious and non-contentious by this ranking, with outstanding and first-class expertise and reputation among clients.
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